Attachment 5 - Honolulu - ROH_Chapter_9.pdf

Chapter 9

COLLECTION AND DISPOSAL OF REFUSE

Articles:

1. General Provisions

2. Collection License

3. Regulations Applicable to Businesses, Private Dwellings and Government Facilities

4. Collection and Disposal Charges

5. Enforcement of Provisions

6. Procedure on Arrest

7. Recycling of Glass Containers

8. Glasphalt Paving

9. Regulation of Bags Provided to Customers

Article 1. General Provisions

Sections:

9-1.1 Findings--Determinations--Goals.

9-1.2 Definitions.

9-1.3 Collection of refuse and recyclable materials by the division.

9-1.4 Preparation and placement of refuse and recyclable materials by owner.

9-1.5 Limitations to collection by refuse crews.

9-1.6 Disturbing receptacles prohibited.

9-1.7 Acceptable and nonacceptable refuse at disposal facilities.

9-1.8 Removal of dead animals.

9-1.9 Office of recycling coordinator established--Duties.

(9-1.10 Recycling pilot project. Repealed by Ord. 10-16.)

9-1.10 Prohibited activities.

9-1.11 Mandatory recycling program for city government.

9-1.12 Islandwide curbside recycling program.

9-1.13 Preparation of integrated solid waste management plan.

9-1.14 Timetable for conversion of waste to energy.

9-1.15 Charge for damage to carts.

Sec. 9-1.1 Findings--Determinations--Goals.

(a) The council of the City and County of Honolulu (the "city") makes the findings and determinations set forth in this section:

(1) The council of the city has heretofore determined it to be in the best interest of the city and necessary for the health and safety of the residents of the city to provide for environmentally sound disposal of solid waste generated and collected in the city.

(2) Pursuant to HRS Section 340A-3, the council of the city enacted Ordinance No. 79-32 to amend this chapter, among other things, to provide that the chief of the refuse division of the department of environmental services of the city may require all solid waste, whether transported by said division, licensed collectors, businesses or individuals, to be disposed of at disposal facilities (as defined in this chapter) or in areas designated by such person if it is found to be in the best public interest.

(3) In furtherance of the aforesaid determination and the implementation of the powers granted in this chapter, it is in the best interest of the city and its residents to further amend this chapter to redefine certain terms and to define certain additional terms and to authorize the designation of facilities as a part of a disposal system of the city for the processing and disposal of solid waste generated in the city and to prescribe procedures for the enforcement of the aforesaid powers granted to the chief.

(4) In order to provide for the environmentally sound and systematic disposal of solid waste generated in the city, it is in the best interest and necessary for the health and safety of the residents of the city to create a city-wide disposal system of the city for processing and disposal of solid waste generated in the city and for the director of the department of environmental services of the city to designate from time to time the disposal facilities or private disposal facilities constituting a part of such system and the methods for such processing and disposal.

(5) In order to permit reusable materials to be recovered from solid waste, to achieve the solid waste volumes

YRGarcia Highlight necessary to meet the minimum operating requirements of the Honolulu resource recovery facility hereinafter defined and to lessen the demand for landfill sites in the city, it is in the best public interest of the city and its residents for the director of the department of environmental services of the city to designate a particular solid waste processing disposal and resource recovery and electric generating facility of the city to be constructed at the Campbell Industrial Park (hereinafter defined as the "H- POWER project") as a part of the disposal system to be created pursuant to this chapter.

(6) It is in the best interest of the city and its residents to approve the form and the terms, provisions and conditions of a contract for waste processing and disposal services (the "disposal contract") between the city and Honolulu Resource Recovery Venture, a Hawaii general partnership, as contractor, pursuant to and under authority of HRS Section 46-85, and to approve the execution and delivery thereof by the appropriate officials of the city.

(b) (1) In addition to the findings and determinations made under this section, the council establishes the following goals:

(A) By the end of 2007, at least 65 percent of the solid waste generated within the city be recycled, reused, composted, used for the generation of power, fuel or electricity through a waste-to-energy or other alternative technology facility, or otherwise diverted from placement in a landfill;

(B) By the end of 2010, at least 75 percent of the solid waste generated within the city be recycled, reused, composted, used for the generation of power, fuel or electricity through a waste-to-energy or other alternative technology facility, or otherwise diverted from placement in a landfill; and

(C) By the end of 2015, at least 90 percent of the solid waste generated within the city be recycled, reused, composted, used for the generation of power, fuel or electricity through a waste-to-energy or other alternative technology facility, or otherwise diverted from placement in a landfill.

(2) The percentage goals in this subsection shall be reviewed annually by the department of environmental services, which shall recommend to the council any necessary revisions. For the purpose of these goals, "solid waste" includes source separated waste generated in the city, but not introduced into the disposal system.

(Sec. 9-1.0, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 89-114, 99-32, 06-40)

Sec. 9-1.2 Definitions.

Unless otherwise expressly stated, whenever used in this chapter the following terms shall have the following meanings:

"Agricultural solid waste" means the solid waste that results from the rearing of animals and the harvesting of crops.

"Association of apartment owners" means all of the apartment owners of a multi-unit residential building acting as a group in accordance with the bylaws and declaration.

"Automated collection" means refuse collection service using a city-provided refuse receptacle (cart) which requires no manual moving and no manual lifting by city personnel.

"Business" means any individual proprietorship, partnership, corporation, association, joint venture or project operated, which carries on commercial or industrial activity for gain or profit, including any hotel or hotel-apartment.

"Chief" means the chief of the refuse division of the department of environmental services of the City and County of Honolulu.

"Commercial cooking oil waste" means the same as defined under Section 14-5A.1.

"Commercial FOG waste" means the same as defined under Section 14-5A.1.

"Days" means calendar days, including weekends and holidays, unless otherwise indicated.

"Department" means the department of environmental services, City and County of Honolulu.

"Director" means the director of the department of environmental services of the City and County of Honolulu.

"Director of budget and fiscal services" means the director of budget and fiscal services of the City and County of Honolulu.

"Director of customer services" means the director of customer services of the City and County of Honolulu.

"Disposal facilities" means all the facilities controlled by the city for the disposal of solid waste, including but not limited to incinerators, composting plants, landfills, shredding plants, transfer stations, convenience centers and resource recovery facilities.

"Disposal system" means the city-wide system for processing and disposing of solid waste generated in the city and consisting of disposal facilities or private disposal facilities, or a combination thereof, or methods designated by the director from time to time for processing and disposing of solid waste in the city and declared to constitute a part of the city's system of processing and disposing of solid waste.

"Division" means the refuse division of the department of environmental services of the City and County of Honolulu.

"Frontloader collection service" means refuse collection service using an owner-provided, three-cubic-yard container which requires no manual moving, no manual lifting by city personnel and is lifted over the front of the collection vehicle.

"Hotel" or "hotel-apartment" means an establishment operating under a license issued pursuant to the provisions of HRS Section 445-92.

"Incinerator" means any incinerator owned or controlled by the city where refuse is disposed of by incineration.

"Inspector" means any individual designated by the department of environmental services to issue notices of violation and/or citations to enforce the provisions of this chapter.

"Licensed collector" means and includes any person who has been licensed by the city to collect refuse in accordance with Article 2 of this chapter.

"Manual collection" means refuse collection service using an owner-provided refuse receptacle or bag which requires manual moving and manual lifting by city personnel.

"Multi-unit residential building" means a building consisting of two or more dwelling units.

"Owner" means the person assessed the real property tax as shown by the records of the director of budget and fiscal services and the records, if any, in the office of the assistant registrar of the land court.

"Person" means any individual, partnership, corporation, trust, unincorporated association or joint venture, a government or any department or agency thereof, or any other entity.

"Private disposal facilities" means facilities in the city for the disposal of solid waste, including but not limited to incinerators, composting plants, landfills, shredding plants, transfer stations and resource recovery facilities owned and operated by private interests.

"Recyclable materials" include, but are not limited to, the following discarded materials for which a market exists and which are delivered to a point where they are converted to a material for later manufacture or reprocessing:

(a) "Aluminum can" means a can which is designed and intended to hold a beverage or other substance and is manufactured of aluminum alloy.

(b) "Battery" means any lead acid battery or dry cell battery discarded in the city independent of intended use.

(c) "Corrugated cardboard" means kraft, jute or test liner pulp which is made by combining two or more webs of paper and formed or shaped into wrinkles or folds or into alternate ridges and grooves and discarded by commercial, industrial and agricultural businesses.

(d) "Food waste" means all animal, vegetable, and beverage waste which attends or results from the storage, preparation, cooking, handling, selling or serving of food. The term shall not mean commercial cooking oil waste or commercial FOG waste.

(e) "Glass container" means any container which is manufactured from a mixture of silicates, borates or phosphates.

(f) "Green waste" means tree branches under nine inches in diameter, hedges and plant cuttings, palm and coconut branches, vines and similar materials.

(g) "Metal scrap" means any metal, in whole or in parts, from buildings, equipment, machinery and vehicles discarded by commercial, industrial and agricultural businesses.

(h) "Newspaper" means a publication which is printed and distributed and contains news articles, opinions, features and advertising, and is manufactured of impermanent wood pulp material.

(i) "Office paper" means computer paper, and white and colored ledger paper, which is discarded by commercial, industrial and agricultural businesses.

(j) "Paperboard" means a sheet of fibrous material made from either virgin wood fiber or recycled paper stock or a combination of these sources.

(k) "Plastic container" means a container which is designed and intended to hold a beverage or food product and is manufactured of polyethylene terephthalate (PET), high-density polyethylene (HDPE) and other synthetic materials.

(l) "Steel can" (also referred to as "tin can" due to a protective coating of tin) means a can made primarily of steel and manufactured to hold food or other items.

(m) "Used oil" means a petroleum-based oil which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.

"Refuse" means:

(a) Garbage consisting of all organic wastes resulting from the preparation and serving of food, but not commercial cooking oil waste and commercial FOG waste;

(b) Rubbish, other than recyclable materials as defined in this section, consisting of and including such materials as paper, cardboard, clothes, shoes, bottles, cans, china, glass, grass, hedge cuttings, tree branches under nine inches in diameter and any other material of similar character; and

(c) Bulky wastes consisting of such materials as lumber, iron pipes, tree branches over nine inches in diameter, refrigerators, stoves, radios, television sets, phonographs, bedsteads, bed springs, tables, sofas, chairs, water heaters, sinks and other similar materials or equipment of a weighty or bulky nature.

"Resource recovery facility" means solid waste processing and disposal and resource recovery and electric generating facilities located in the city which have been designated by the director as a part of the disposal system of the city, together with related and appurtenant structures and equipment, whether such resource recovery facilities are owned by the city or by private interests.

"Semiautomated collection" means refuse collection service using a city-provided receptacle (cart) which requires manual moving but no manual lifting by city personnel.

"Sidewalk" means that portion of a street between a curbline or the pavement of a roadway, and the adjacent private or public property line, whichever the case may be, intended for the use of pedestrians, including any setback areas acquired by the city for road widening purposes.

"Solid waste" means all refuse, soil, rock, construction debris, demolition debris and all similar materials.

"Source separated waste" means recyclable materials which are set aside at their point of generation for segregated collection and transport to specialized waste processing sites or final manufacturing markets.

"Special wastes" means any refuse which must be handled in an exceptional and uncommon manner because of its characteristics.

"Street" means the entire width between the property lines of every way publicly owned and maintained when the part thereof is open to the use of the public for purposes of vehicular travel or any private street, highway or thoroughfare which for more than five years has been continuously used by the general public.

"Transshipment facilities" means any city-operated or city-contracted site used to bale and/or ship refuse to an off-island site.

(Sec. 9-1.1, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 89-113, 95-16, 99-32, 02-14, 06-09, 10-2, 10-16)

Sec. 9-1.3 Collection of refuse and recyclable materials by the division.

(a) The division shall have charge of and shall administer the collection and disposal of refuse and the collection and processing of recyclable materials as designated by the director. No refuse shall be collected from any building or place when:

(1) The owner thereof has made provision for refuse collection by the owner's own vehicles or by a licensed collector.

(2) The owner thereof has installed or provided the premises with private incineration equipment or other refuse disposal facilities which have been approved by the director as being adequate and safe and which have been approved by the state department of health as conforming to the provisions of HRS Chapter 322, relating to nuisances and sanitary regulations.

(b) Any refuse or recyclable materials removed by the city and any solid waste accepted by the city shall become the property of the city.

(Sec. 9-1.2, R.O. 1978 (1983 Ed.); Am. Ord. 07-45)

Sec. 9-1.4 Preparation and placement of refuse and recyclable materials by owner.

(a) The types of refuse and recyclable materials hereinafter described shall be prepared for collection as follows:

(1) In areas provided with manual collection, tree branches set out for collection shall not exceed nine inches in diameter and green waste shall be cut into lengths not exceeding three feet. All green waste shall be tied in bundles which shall not weigh more than 50 pounds each or prepared in a manner determined by the director in accordance with Section 9-1.12(b)(3). In areas with automated green waste collection, green waste shall be placed in the city-provided green waste cart as designated by the director such that the cart lid fully closes.

(2) In areas provided with manual collection, all empty cardboard and other fibrous cartons, wooden boxes and crates, and other similar empty containers shall be flattened and securely tied in bundles not exceeding three feet in length nor weighing more than 50 pounds each. In areas with automated mixed recyclable materials collection, all empty corrugated cardboard boxes shall be flattened and placed in the city-provided mixed recyclable materials cart as designated by the director such that the cart lid fully closes.

(3) All other refuse except that mentioned in subdivisions (1) and (2) of this subsection shall be placed in city-provided refuse carts as designated by the director, or in areas provided with manual collection, in durable or nondurable containers described as follows:

(A) Durable Containers. The interior surface of the container shall be smooth with no projections and the top diameter shall be equal to or larger than the bottom diameter. The container shall have a capacity of at least 10 gallons but not more than 35 gallons. The maximum weight of an empty container shall be 25 pounds. The maximum weight of a filled container shall be 75 pounds. Every container holding any garbage shall have a tight fitting lid.

(B) Nondurable Containers. Nondurable containers made of plastic film, paper or cardboard may be used if such containers are able to contain their contents securely at all times. The maximum weight for filled nondurable containers shall be 50 pounds. Such containers shall be collected together with their contents.

(4) All rubbish consisting of ashes, powders, dust, sawdust, broken bottles, glass or china or other materials likely to cause injury to persons collecting the same shall be securely wrapped or contained before being placed in the city-provided refuse cart as designated by the director for automated collection or in the resident-provided container for manual collection.

(5) Except for food waste that the director designates as a recyclable material, garbage shall be drained and securely wrapped before being placed in the container.

(6) Recyclable materials designated by the director, except newspaper or other paper which is used to wrap or hold garbage or other refuse not designated as recyclable materials, shall be prepared or placed in the city-provided mixed recyclable materials cart as designated by the director and shall be collected under procedures determined by the director.

(b) On or the evening before the scheduled day of collection, all refuse, green waste, and other recyclable materials as designated by the director prepared for collection as hereinabove provided, shall be placed on the street, so as not to impede vehicular traffic, or sidewalk, so as not to impede pedestrian use, in a location readily accessible to the collector. The lateral location for each owner's refuse within the sidewalk area shall be limited to the street frontage abutting the owner's property or where approved by the division. In apartment and business districts, refuse, green waste, and other recyclable materials as designated by the director may be placed within 20 feet of the curb, as defined in this subsection. Refuse, green waste, and other recyclable materials as designated by the director may be placed for collection within the sidewalk area (as defined in this subsection) of private roads and nonstandard private roadways when all of the following conditions are met:

(1) All of the residents along the roadway shall want such collection;

(2) The roadway shall serve at least three residences;

(3) The roadway shall have an unobstructed width of at least 12 feet not including parking lanes;

(4) Horizontal and vertical curves of the roadway shall meet subdivision standards;

(5) Maximum roadway grade shall not exceed 19 percent;

(6) The owners of the roadway shall provide and maintain an all-weather road surface;

(7) The roadway shall have an adequate turnaround. If there is no turnaround, reversing of the truck shall not exceed a distance of 100 feet; and

(8) Reversing on a grade exceeding 10 percent shall not be required.

(c) Containers shall not be left on the street or sidewalk area after the day of collection. In cases of hardship, as determined by the director, automated carts may be left on the street or sidewalk area.

(d) Bulky wastes shall be collected under procedures determined by the director. Bulky wastes shall be placed on the street, so as not to impede vehicular traffic, or sidewalk, so as not to impede pedestrian use, for collection no earlier than the evening before the scheduled day(s) of collection.

(1) In the event bulky wastes are placed on the street or sidewalk fronting a property earlier than the evening before the scheduled day(s) of collection, the owner of the abutting property shall be responsible for the removal and storage of such bulky wastes.

(2) In the event bulky wastes are placed on the street or sidewalk fronting a multi-unit residential building earlier than the evening before the scheduled day(s) of collection, the property owner or the association of apartment owners of the abutting property shall be responsible for the removal and storage of such bulky wastes as set forth in Section 9-3.4(b).

(e) Three cubic yard containers designed for mechanical handling, if used, shall not be placed on the street or sidewalk, but shall be placed within the property to be served in locations directly accessible to the pickup forks of the collection truck. Access roadway requirements for the collection of three cubic yard containers shall be that required for collection on private roads and nonstandard private roadways as provided in subsection (b) of this section, except that maximum roadway grade shall not exceed 12 percent.

(Sec. 9-1.3, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 89-113, 93-19, 95-16, 99-32,06-09, 07-45, 10-16)

Sec. 9-1.5 Limitations to collection by refuse crews.

The division shall not collect:

(a) Any soil, rock, concrete, explosives, liquids, radioactive materials, construction debris, demolition debris, commercial cooking oil waste, or commercial FOG waste; except that used oil may be collected under a curbside collection service established pursuant to Section 2-23.2;

(b) Any refuse, green waste, and other recyclable materials as designated by the director not prepared for collection as provided by Section 9-1.4;

(c) Any refuse, green waste, and other recyclable materials as designated by the director not placed for collection as provided by Section 9-1.4;

(d) Any rubbish consisting of tree branches, plant cuttings, vines and other similar materials exceeding one cubic yard in volume for any single regular collection in manual collection areas;

(e) Any refuse, green waste, and other recyclable materials as designated by the director placed for collection in a place which is unsafe or is likely to cause injury to the persons collecting said refuse, green waste, and other recyclable materials; or

(f) Any refuse from any business where the owner thereof shall have failed to pay the service charges hereinafter provided.

(Sec. 9-1.4, R.O. 1978 (1983 Ed.); Am. Ord. 89-113, 89-118, 02-14, 07-45, 16-29)

Sec. 9-1.6 Disturbing receptacles prohibited.

No person shall:

(a) Remove or disturb any refuse, green waste, and other recyclable materials as designated by the director from the place where the same has been placed for collection;

(b) Collect or haul away any refuse, green waste, and other recyclable materials as designated by the director from the place where the same has been placed for collection;

(c) Transport any refuse, green waste, and other recyclable materials as designated by the director; provided, that authorized persons may remove, disturb, collect, haul away or transport any refuse from the place where the same has been placed for collection. For purposes of this section, "authorized persons" shall mean:

(1) Owner;

(2) Division employees during authorized working hours; or

(3) Licensed collector.

(d) This section shall not apply to bulky wastes placed on the street or sidewalk earlier than the evening before the scheduled day(s) of collection, in which case the property owner or the association of apartment owners of the abutting property shall remove and store such bulky wastes in accordance with Sec. 9-1.4(d).

(Sec. 9-1.5, R.O. 1978 (1983 Ed.); Am. Ord. 07-45, 10-16)

Sec. 9-1.7 Acceptable and nonacceptable refuse at disposal facilities.

(a) Except as directed by the director or the director's authorized representative and as provided otherwise under the mandatory recycling program for city government established under Section 9-1.11, the division shall accept or cause to be accepted the following solid waste within the disposal system: paper, cardboard, yard trimmings, bottles, cans, plastic, garbage, lumber and tree branches less than five feet long and less than nine inches in diameter.

Except during a suspension by the director of the requirements of Section 14-5A.2(a) and/or (b), and as authorized by the director during the suspension, the division shall not accept into the disposal system any commercial cooking oil waste or commercial FOG waste.

(b) The division may conduct an examination of any truckload of refuse or other solid waste delivered or transported to a disposal facility:

(1) At any time that the division has cause to believe that the truckload contains (A) 25 percent or more of those recyclable materials designated by the director or (B) any commercial cooking oil waste or commercial FOG waste; or

(2) Periodically and on a random basis to determine compliance with the prohibition of subsection (a).

(c) The division shall accept the following types of solid waste only at specific disposal sites designated by the chief: large household appliances, tree trunks, dirt, rock, concrete, reinforcing steel, metal pipe, metal roofing, automobile parts and bed springs.

(d) The division shall not accept deliveries of any refuse or recyclable materials which are not made during hours of operation as posted at each facility.

(e) The chief may divert all or part of the incoming refuse away from a disposal facility, or limit the area to be served by a disposal facility when, in the chief's judgment, such action is necessary to undertake repairs or to maintain the facility, or where the facility lacks the continued capacity to handle the incoming refuse, or so as to prolong the life of the facility.

(f) The director, or the director's authorized representative, may designate from time to time those disposal facilities or private disposal facilities, or a combination thereof, and the methods for the processing and disposal of solid waste generated in the city constituting a part of the disposal system created by this chapter. The director or the director's authorized representative may require that all solid waste, whether transported by the division, licensed collectors, businesses or individuals, be disposed of at specific disposal facilities or private disposal facilities within the disposal system as designated by such person if it is found to be in the best public interest; provided, that agricultural solid waste and source separated waste transported for recycling purposes shall not be subject to the provisions of this section; and provided further, that if regional transfer stations are designated, transportation to the stations shall be considered so as to minimize the operating costs of the collector. The best public interest shall be found if disposal at the designated disposal facility or private disposal facility within the disposal system shall:

(1) Result in reusable materials being recovered from solid waste;

(2) Achieve the solid waste volumes necessary to meet a resource recovery facility's minimum operating requirement;

(3) Lessen the demand for landfill sites; or

(4) Conserve natural resources.

(Sec. 9-1.6, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 89-113, 89-117, 02-14, 04-10)

Sec. 9-1.8 Removal of dead animals.

(a) Every owner of dead animals shall remove such animals, or cause the same to be removed, within a reasonable time after death or before the same shall constitute a nuisance.

(b) Any person who has actual knowledge of the dead animal shall cause such animal to be removed within a reasonable time after death, or before the same shall constitute a nuisance.

(c) Dead animals weighing up to 70 pounds will be collected and disposed by the division, provided they are placed in an open area which is accessible to the collector, or such animals will be accepted at any municipal incinerator during operating hours.

(d) Dead animals weighing over 70 pounds will be accepted at disposal areas other than the municipal incinerators during operating hours.

(Sec. 9-1.7, R.O. 1978 (1983 Ed.))

Sec. 9-1.9 Office of recycling coordinator established--Duties.

(a) There is established within the division a recycling coordinator. Subject to council authorization and the availability of council appropriations, other positions within the division may be established and filled to serve under and assist the recycling coordinator in the performance of duties. The recycling coordinator and, if any, subordinate employees, shall be under the supervision and direction of the chief.

(b) The recycling coordinator shall have the following duties, according to the following order of priorities:

(1) Establishment and implementation of recycling education and promotion programs;

(2) Establishment and implementation of recycling programs within or by city government;

(3) Conduct of research and development of recycling issues and techniques; and

(4) Provision of technical assistance concerning recycling.

The purpose of the order of priorities shall be to guide the recycling coordinator in making decisions on the expenditures, budget requests, programs and other activities to be made or undertaken. This subsection shall not prevent the recycling coordinator from undertaking, expending funds for or requesting appropriations for programs or activities of lesser priority, rather than those of higher priority, when deemed in the best public interest.

(c) In the establishment and implementation of recycling education and promotion programs, the recycling coordinator may undertake, but shall not be limited to, the following:

(1) Establishment of a recycling telephone hotline serving to take inquiries and disseminate information on recycling;

(2) Formulation of recycling education curricula and materials to be made available and distributed to public and private elementary, intermediate and high schools, and instruction of teachers who will teach the curricula. For the purpose of this paragraph, the recycling coordinator shall cooperate and coordinate with the department of education and private school administrations to distribute the curricula and materials to the schools. If deemed desirable or necessary, and subject to the approval of the appropriate school authority, the recycling coordinator may provide direct instruction to the students;

(3) Conduct of media advertising and community relations campaigns to promote public awareness of the benefits of recycling, detriments of solid waste disposal and methods of recycling recyclable refuse;

(4) Promotion of public awareness of products which are not recyclable nor degradable and the detriments of use and disposal of the products;

(5) Publication and dissemination of a directory of businesses engaged in recycling to promote their patronage by the public;

(6) Publication and dissemination of guidebooks and instruction manuals to promote recycling; and

(7) Publication and dissemination of a newsletter to promote or provide information on recycling.

(d) In the establishment and implementation of recycling programs within or by city government, the recycling coordinator may undertake, but shall not be limited to, the following:

(1) Formulation and, with the approval of the appropriate authority, imposition of recycling activities on city agencies and employees;

(2) Formulation and evaluation of recycling demonstration projects which the division may choose to implement. Demonstration projects may include those under which:

(A) Residents in selected areas are required to separate recyclable refuse from other refuse,

(B) The division collects or authorizes another person to collect the recyclable refuse under procedures separate from the collection of other refuse, and

(C) The division recycles, and not disposes of, the recyclable refuse;

(3) Recommendation to city officers of the establishment or revision of administrative policies or practices, procurement practices, or other policies or practices to promote recycling;

(4) Recommendation to and advocacy before the council of legislation to promote recycling; and

(5) Identification of products manufactured of recycled material which are usable by the city and substitutable for products manufactured of virgin material.

(e) In the conduct of research and development of recycling issues and techniques, the recycling coordinator may undertake, but shall not be limited to, the following:

(1) Study of recycling techniques to determine the most cost-effective manner of collecting, processing, storing, transporting, reusing or converting recyclable refuse;

(2) Study and monitoring of the market conditions for recyclable refuse and the recycling industry;

(3) Function as a clearinghouse for information on recycling;

(4) Sponsor seminars, workshops and classes to discuss and disseminate information on recycling;

(5) Identify Hawaii, national and foreign businesses reusing or converting recyclable refuse to which businesses engaged in recycling or the public may sell recyclable refuse;

(6) Study the feasibility of recycling different types of refuse; and

(7) Conduct public opinion surveys to assess attitudes on and practices of recycling and disposal of solid wastes.

(f) In the provision of technical assistance concerning recycling, the recycling coordinator may undertake, but shall not be limited to, the following:

(1) Advise and assist owners or managers of businesses and multifamily dwelling unit buildings on effective and efficient techniques to separate recyclable refuse;

(2) Advise and assist licensed collectors on effective and efficient techniques to collect and recycle recyclable refuse;

(3) Advise and assist businesses engaged in recycling and manufacturers reusing or converting recyclable refuse on effective and efficient techniques to make their operations more efficient, cost-effective or profitable;

(4) Advise and assist businesses engaged in recycling and manufacturers reusing or converting recyclable refuse in the obtainment of loans, grants and necessary permits pertinent to the promotion of recycling activities; and

(5) Disseminate findings of research and development studies and advise and assist willing persons in implementing the finding.

(Added by Ord. 89-83)

(Sec. 9-1.10 Recycling pilot project. Repealed by Ord. 10-16.)

Sec. 9-1.10 Prohibited activities.

No person shall throw, drop, place, dump, or deposit refuse, to include bulky wastes, on a street, roadside, alley, highway, or public place except as provided in this chapter.

(Added by Ord. 16-9)

Sec. 9-1.11 Mandatory recycling program for city government.

(a) There shall be a mandatory recycling program for city agencies. Under the program, the following types of recyclable materials generated by city agencies and their employees and discarded at places of work shall be recycled or reused and not disposed of as waste: newspaper, cardboard, office paper, aluminum cans, glass containers, plastic containers and any other type of recyclable material identified by the division. The division shall establish procedures for:

(1) Either the:

(A) Separation of the recyclable materials from other refuse at the source of generation and collection of the recyclable materials under procedures separate from the collection of other refuse; or

(B) Collection of mixed recyclable materials and other refuse from the source of generation and, after collection, separation of the recyclable materials from other refuse; and

(2) The sale, recycling or reuse, but not disposal as waste, of the recyclable materials. If the recyclable materials are sold, the revenues derived from the sale of the recyclable materials shall be realizations of the general fund.

(b) The mandatory recycling program shall be in conformance with all applicable laws, rules and collective bargaining agreements. City agencies shall comply with the mandatory recycling program.

(c) The division may contract with a private person to collect, separate, store, sell or transport the recyclable materials as part of the implementation of the program. If determined desirable by the division, the person contracted shall not have to be a licensed collector.

(d) The division shall supervise and enforce the mandatory recycling program of this section.

(e) Articles 5 and 6 of this chapter shall not apply to any violation of the mandatory recycling program.

(f) The division may contract with a not-for-profit organization which would provide a valuable community service in exchange for the potential market value of the recyclable materials collected from the city under the mandatory recycling program of this section. The not-for-profit organization shall collect the recyclable materials without monetary recompense to the city. If such a contract is determined desirable by the division and permissible under the state procurement code by the director of budget and fiscal services:

(1) Preference shall be given to such a contractual agreement over sale by bid;

(2) Proposals shall be solicited by public notice and reviewed for selection by a committee designated by the division and approved by the director of budget and fiscal services; and

(3) Selection shall be based on an evaluation of the community service to be rendered by the not-for-profit organization and the organization's ability and qualifications to service the needs of the mandatory recycling program.

(Added by Ord. 89-117; Am. Ord. 93-05, 04-10, 14-24)

Sec. 9-1.12 Islandwide curbside recycling program.

(a) The director shall establish an islandwide program for the curbside collection of recyclable materials. The director may implement the program in stages, provided that by July 1, 2007, the curbside collection of recyclable materials shall include at a minimum the collection of at least two of the following:

(1) glass containers,

(2) newspapers,

(3) plastic containers,

(4) green waste, and/or

(5) food waste.

By July 1, 2008, the director shall include, at a minimum, an additional two recyclable materials from the list in the subsection.

(b) The director shall determine the structure of the program, including:

(1) The types of recyclable materials to be collected;

(2) The frequency in which recyclable materials shall be collected; and

(3) How recyclable materials shall be prepared for collection.

(c) The director shall adopt rules in accordance with HRS Chapter 91 for the implementation, administration and enforcement of this section. The rules may provide that recyclable materials not prepared or set out at the curbside in accordance with the rules may not be collected by the city.

(d) The director may contract with a private entity or entities to sort and sell the recyclable materials after they are collected.

(e) The director may establish incentive programs to encourage participation in the islandwide curbside recycling program.

(Added by Ord. 06-09)

Sec. 9-1.13 Preparation of integrated solid waste management plan.

(a) The department shall prepare and submit to the council, for its review, a revised 10-year integrated solid waste management plan and interim status report that meet the requirements of Part III of HRS Chapter 342G. The department shall submit the revised plan to the state department of health and have it reviewed in accordance with HRS Section 342G-24.

(b) In addition to the contents of the integrated solid waste management plan required by HRS Section 342G-25, the county plan shall include an evaluation of alternative technologies that may be developed in the future to dispose of solid waste.

(Added by Ord. 06-27; Am. Ord. 12-39)

Sec. 9-1.14 Timetable for conversion of waste to energy.

By July 1, 2010, the city shall convert or cause to be converted at least 700,000 tons per year of municipal solid waste to energy.

(Added by Ord. 06-41)

Sec. 9-1.15 Charge for damage to carts.

City-provided carts are the responsibility of the owner and/or occupant. If the department determines the city-provided cart must be replaced due to intentional damage by the owner and/or occupant and not due to normal wear and tear of the cart, the owner shall be assessed a unit charge of $75 per cart.

(Added by Ord. 07-45)

Article 2. Collection License

9-2.1 License required to collect refuse.

9-2.2 Application--Bond--Insurance--Term--Fee.

9-2.3 Conditions of licenses.

9-2.4 Prohibitions.

9-2.5 Initial compliance.

9-2.6 Denial or revocation of license.

9-2.7 Notice of suspension or revocation--Hearing.

9-2.8 Rule-making powers.

9-2.9 Disposal system created.

9-2.10 Designation of H-POWER project as part of disposal system.

Sec. 9-2.1 License required to collect refuse.

No person shall engage in any business which involves the collecting of any refuse from any building or premises other than that person's own without first obtaining a license therefor as provided in Section 9-2.2.

(Sec. 9-2.1, R.O. 1978 (1983 Ed.))

Sec. 9-2.2 Application--Bond--Insurance--Term--Fee.

(a) Application. No license to engage in such business shall be issued until the applicant secures from the director of the department of environmental services and presents to the director of customer services an approved application. Such application shall include, but not be limited to, the following information:

(1) Name and home address of the applicant;

(2) Business address and the address where all trucks, other vehicles and operating equipment will be kept (if other than the business address), and the zoning code classification of each said address;

(3) State of Hawaii general excise tax license number of the applicant;

(4) If applicant is a firm, association, organization, partnership, joint venture, corporation, limited liability corporation, business trust, company or cooperative, the names and addresses of all owners and officers and their respective percentage of ownership;

(5) For each truck, vehicle and equipment that the applicant owns or has under his or her control or intends to use for collection or transportation of refuse, applicant shall provide:

(A) Registration number,

(B) Valid registration number assigned by the department of transportation of the State of Hawaii, and

(C) Copy of a valid safety inspection certificate issued by the department of transportation of the State of Hawaii;

(6) Facts demonstrating that the applicant owns or has access to suitable facilities for keeping equipment clean and in good repair and that the applicant owns or has access to reasonable office facilities;

(7) Facts demonstrating that the applicant owns or has the legally enforceable right to use at least two trucks or has made documented arrangements for continued service to customers in case of truck breakdown.

(b) Bond. Every applicant for a license shall execute and submit a surety bond in favor of the city in the penal sum of $1,000.00, which bond shall be subject to all of the conditions set forth in Section 9-2.3, including the cost of collecting and disposing of refuse by the city in case the licensee fails to collect and dispose of refuse which the licensee has contracted so to do with others. Said bond shall be issued by a surety company authorized to do business in Hawaii in accordance with HRS Section 78-20.

(c) Vehicular Public Liability and Damage Insurance. The licensee shall secure and present to the director at the time of application a standard automobile liability insurance policy covering the licensee, or any person driving any vehicle belonging to the licensee with the licensee's permission in the amount of $100,000.00 for bodily injury to or death of one person in any accident and in the amount of $300,000.00 for bodily injury to or death of two or more persons in any one accident respectively, and property damage insurance in the amount of $50,000.00 because of damage to or destruction of property of others in any one accident.

(d) Comprehensive Nonvehicular Public Liability Insurance Policy. The licensee shall secure and present to the director at the time of application a standard comprehensive nonvehicular public liability insurance policy covering the licensee and the licensee's employees and agents, which shall also include a rider covering the city in the sum of $300,000.00. Such rider shall be in the form of an endorsement issued by the insurer.

(e) Term of License. Such refuse collection license shall be issued for a term of one year commencing July 1st through June 30th of the next succeeding year. Such license may be renewed annually on or before July 1st upon application by a licensee, if the director determines that the licensee remains in compliance with the provisions of this chapter.

(f) License Fee. The fee for an annual license to collect refuse shall be $500.00, payable in advance to the director of customer services on or before July 1st of each year. The fee for any annual license issued to an applicant after July 1st shall be prorated according to the remaining months of each fiscal year. No license fee shall be refundable.

(g) Determination of Eligibility for License.

(1) Upon receipt of a completed application for a license to collect or transport refuse, the director shall determine if the applicant meets all the requirements of this chapter applicable to collectors and transporters of refuse.

(2) After such determination the director shall either approve the application by proper endorsement or deny the application specifying in writing the cause or causes for such disapproval.

(Sec. 9-2.2, R.O. 1978 (1983 Ed.); Am. Ord. 96-58, 99-32, 10-16)

Sec. 9-2.3 Conditions of licenses.

(a) Every license issued under this article shall be subject to the following conditions:

(1) All vehicles used by the licensee for the collection of refuse shall be so designed and constructed as to prevent the spilling or scattering of its contents upon the public streets. All such vehicles and equipment shall be kept in a clean, inoffensive and sanitary condition. Such vehicles shall carry at all times: a shovel, broom and fire extinguisher. The name and phone number of the licensee shall be marked on each side and across the back of all such vehicles and containers in letters not less than two inches in height. Trucks with a rated capacity of more than one and one-half tons used in the transportation or collection of refuse which contains garbage shall be closed, leakproof and constructed for the purpose of refuse collection.

Vehicles shall not be loaded in excess of the gross vehicle weight.

(2) All refuse shall be handled and transported by the licensee in such a manner as to prevent scattering, spilling or leaking of the same or to otherwise create a nuisance thereby or to violate any rule or regulation of the state department of health.

(3) All refuse collected by the licensee shall be disposed of at such disposal facilities or private disposal facilities within the disposal system designated by the director, or as otherwise directed by the director or the director's authorized representative.

(4) Disposal charges incurred by the licensee for disposing of refuse at disposal facilities or private disposal facilities within the disposal system designated by the director shall be paid when due.

(5) The licensee shall not violate any provisions contained herein or in any other ordinance relating to the collection and disposal of refuse within the city.

(6) All vehicles and other equipment used by a licensee in the collection and transportation of refuse shall be inspected at least once per year by the director of the department of environmental services to determine use in conformance with this article and such rules and regulations as said director may duly promulgate pursuant hereto.

(b) The director shall provide for each truck or equipment found to be in compliance herewith a durable tag or decal, at cost, and upon payment of the license fee to the director of customer services by the licensee. Such tag or decal shall be securely fastened and maintained by the licensee on each vehicle or equipment so as to be clearly visible.

(Sec. 9-2.3, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 99-32, 10-16)

Sec. 9-2.4 Prohibitions.

(a) No person licensed to collect refuse shall scatter or spill or cause to be scattered or spilled any refuse set out for collection, either at the location at which it is collected or while transporting the same for disposal, unless the refuse so scattered and spilled is immediately gathered up and removed.

(b) No person licensed to collect refuse shall violate any of the conditions prescribed in Section 9-2.3.

Notwithstanding other penalties provided under this chapter, violations of Section 9-2.3 shall be punishable by…